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(영문) 서울동부지방법원 2015.08.11 2015가합101373
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 199,400,000 as well as 5% per annum from December 15, 2007 to March 9, 2015.

Reasons

1. The Plaintiff loaned a total of KRW 199,40,000 to Defendant B from around 1997 to December 14, 2004; the Defendant B, with respect to the above loan obligations on December 14, 2004, issued date on December 14, 2004; the fact that the Plaintiff issued and delivered one promissory note at each time of payment on December 14, 2004; the payment date on December 14, 2004; and the fact that the Plaintiff issued and delivered one promissory note at each time of payment on December 14, 2007 to the Plaintiff is deemed to have been led to the confession by Defendant B in accordance with Article 150 of the Civil Procedure Act.

According to the above facts, Defendant B is obligated to pay the Plaintiff KRW 199,400,00 as the repayment of the above loan obligation or the above promissory note loan obligation, and the Plaintiff and Defendant B are obligated to pay the Plaintiff KRW 199,40,000 as the repayment date of the above loan obligation with respect to the above loan obligation on December 14, 2007 and the repayment date of the above loan obligation was set on December 14, 2007. Thus, Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Civil Act from December 15, 2007 to March 9, 2015, the delivery date of the copy of the complaint of this case, from March 15, 2007 to March 9, 2015, which is the delivery date of the copy of the complaint of this case.

2. Determination as to the claim against Defendant C

A. Comprehensively taking account of the descriptions and the purport of the entire arguments as indicated in subparagraph 2 of this Article, the fact that Defendant C issued one promissory note issued and delivered to the Plaintiff on December 16, 2004 at the addressee, face value 137,400,000, issue date, December 16, 2014, and the due date, December 16, 2007, and the place of payment, respectively.

Therefore, Defendant C is obligated to pay to the Plaintiff the amount of KRW 137,400,000 and damages for delay calculated at the rate of 20% per annum from July 1, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

B. As to the aforesaid promissory note, the Plaintiff may do so.

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